1264 AMH BECK BROW1

 

 


HB 1264 - H AMD  020  NOT CONSIDERED  3-6-91

By Representative Beck

 

     On page 30, after line 2, insert  "Sec. 26.  RCW 28A.150.190 and 1990 c 33 s 285 are each amended to read as follows: 


     State superintendent to make rules and regulations‑-Unforeseen conditions or actions to be recognized‑-Paperwork limited.(1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010.

     (2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the total program hour offering, teacher contact hour, or course mix and percentage requirements imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions:

     (a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and

     (b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district

 

 

board of directors and its employees and (ii) has the direct or

indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable.  Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water ((:  PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district.))  ; and

  (c)  A labor dispute between a school district board of directors and any employee of the school district is not an unforeseen action or inaction and any strike, work slowdown, or stoppage shall be penalized by forfeiture of one day's pay for each day each teacher participates in such action or inaction.

     A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year.  A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection.

     (3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitor-ing and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts admin-istered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests.  

    

 

     On page 1, line 14 of the title, after "28A.630.310," insert "28A.150.290,"

 


EFFECT:  Provides for the Superintendent to write regulations about labor disputes as foreseeable and to include a penalty for teachers who participate in strikes, work slowdowns, or stoppages during the regularly scheduled school year.